Court Orders IG Kanja To Arrest Senior Police Officer Over 2017 Murder
The High Court issued an arrest warrant on Thursday for a senior police officer accused of being involved in the death of Baby Samantha Pendo, who was reportedly shot during the 2017 post-election violence.
Lady Justice Lilian Mutende directed Inspector General of Police Douglas Kanja to apprehend the officer and present him in court to enter a plea.
Some insights on the Baby Pendo Case.
— Ngao Wilson (@_ngaowilson) October 3, 2024
This will be Kenya's 1st international crimes case to be tried by the High Court.
A short 🧵
Jurisdiction: High Court assumed jurisdiction by dint of S. 8 of the International Crimes Act.
Principle in Test: Command-Responsibility pic.twitter.com/JCogiPjJT0
According to the judge, the accused had repeatedly failed to appear in court despite the warrants issued against him.
The suspect and his colleagues had been charged with crimes against humanity, including alleged murder in connection with the unlawful killing of Baby Pendo in Kisumu’s Nyalenda slum.
While addressing the court, the prosecution stated that the charges against the officer were brought under the International Crimes Act of 2008, taking into account the officer’s role and the international law principle of superior responsibility.
During the proceedings, the prosecutor informed the court that all of the accused must be present before the plea can be entered and that the policeman’s absence would be detrimental to justice.
The High Court has today extended the warrants of arrest issued against Mr. Mohammed Baa, a senior police officer.
— Office of The Director Of Public Prosecutions (@ODPP_KE) October 3, 2024
Mr Baa is charged alongside his colleagues for crimes against humanity including murder relating to the unlawful killing of Baby Samantha Pendo in Kisumu’s Nyalenda…
“The DPP has directed that we inform this honourable court that all suspects must be present before the plea can be taken,” the prosecutor told the court.
“The DPP intends to make an opening statement outlining the role each of each accused person in the commission of the said offences.”
Insisting on the point, the prosecutor emphasized the importance of the case, stating that it was the first time the State would prosecute anyone under the International Crimes Act and was based on the principle of superior responsibility, necessitating the need to ensure that the process is handled correctly from the start.
Despite the prosecutor’s request, the suspect’s counsel urged the court to proceed with the case in the absence of the officer because the accused was well-represented.
In response to the victims’ counsel’s insistence that the plea be heard without the suspect, the court reiterated that the Director of Public Prosecutor (DPP) has the authority to prosecute the case.
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In its directive, the court set a new plea date of November 5, 2024, on which the police officer would be produced in court in accordance with the previously issued arrest warrants.
In July of this year, the High Court dismissed the petition filed by 12 police officers contesting their charges over the 2017 murder of Baby Pendo in Kisumu County during the height of post-election protests.
The petitioners argued that the High Court lacked jurisdiction to hear the charges under the International Crimes Act.
“For all those reasons, I find that the suspects have failed to prove that their rights under Articles 27, 28, 29, 47, 48, 50 and 73 have been violated merely by the decision to charge or by the nature of the charges now preferred against them,” the court noted.
Court Orders IG Kanja To Arrest Senior Police Officer Over 2017 Murder
